THE SMELTS 361 
caught in any manner between the first day of April and the first day of October 
following. He said: 
It will be seen by the above that no smelts can be sold in this State after April 1st, caught in 
any manner except by hook and line. Many complaints have been made to me by people that 
could not get smelts to eat unless they were made liable to fine, as the ice seldom leaves our bays 
and brooks in season for smelts to come up before April 25th, and it would seem that the time 
should be extended for taking smelts in the spring by dip-net to May 1st. It was formerly May 
20th, but was changed to suit the weir men, and certainly it would look hard that the spring fish- 
ermen should be entirely shut off that fall fishermen should gain. 
Large quantities of smelt were caught in dip-nets last spring and left to lay on the ground to 
rot, when they might have been sold for $2.00 or more per bushel if allowed to be sold. Therefore 
I would recommend that dip-nets may be used to May 1st, and that smelts caught in this State 
may be sold up to that time. 
In his report for 1889-90 this commissioner made the same statement and 
recommendation. The first part of the criticism of the law is quoted verbatim from 
a recommendation of one of his wardens or deputies, O. S. Despeaux (report of the 
commisioner of sea and shore fisheries of Maine for 1886, p. 46). His final state- 
ment and recommendation should be compared with the same commissioner’s state- 
ment and recommendation on page 38 of his report for 1886, where he says: 
I would recommend that no smelts be sold between the first days of April and October, under 
penalty of not less than $10 nor more than $30 for each offense, and a further penalty of twenty 
cents for each smelt so sold except caught by hook and line. Provided, that dip-nets may be used 
between April 1st and May 1st. 
Counce’s discussion of the situation is astonishingly inconsistent. His recom- 
mendation for an open season during the breeding season of the smelt appears to be 
based upon local if not merely individual sentiment. Excruciating logic is shown 
in the argument in favor of the measure, in the allegation that people could not get 
smelts to eat unless they were made liable to a fine, while large quantities were caught 
in dip nets and left on the ground to rot. Was it not as illegal to catch them as to sell 
or eat them? The following discussion is a more rational statement of the case: 
Commissioner Donahue (1908) of Maine, in his report for 1907-8, wrote: 
The smelt is one of our smallest but also one of the best food fishes, and while it is not of so 
much commercial value as some of the others it is one that furnishes employment for a large num- 
ber of men in the winter time, when other employment is not obtainable. The laws regarding 
this industry come mostly under the head of special laws, which have been passed at the instance 
of residents of particular localities where the fish are abundant. In other sections of the State, 
where this fish is not plentiful, little attention is paid to the industry. I assume that these localities 
where special laws apply are satisfied, and, therefore have no recommendations to make, otherwise 
than to repeat what I have said in connection with another industry; viz., that the laws are in a 
very chaotic condition, and for the interest of all concerned parties especially interested in the 
smelt fisheries should see to it that the present special laws are more accurately drawn and defined. 
In this manner the laws of various States differ in the prescribed restrictions 
and limitations respecting the fishing season, methods of capture, etc. In fact, they 
differ widely and, it may be said, sometimes inconsistently within the bounds of the 
same State, and sometimes from one session of the legislature to another. 
Again Donahue wrote (1913) : 
There are innumerable laws, both general and special, governing the catching of smelts; and 
it is practically impossible for smelt fishermen, when changing from one section to another, to know 
